Lawsuit against Diocese of Harrisburg seeks to sidestep expired statute of limitations

Updated Jul 23, 2019; Posted Jul 23, 2019

In his lawsuit against the Diocese of Harrisburg, Don Asbee, 67, charges church officials with conspiracy, fraud and constructive fraud. Asbee's legal action, like an earlier decision by the state Superior Court, could pave the way for other time-barred victims to seek legal redress.

A lawsuit filed in Dauphin County against the Catholic Diocese of Harrisburg and some of its officials could signal the way forward for legions of victims of clergy sex abuse whose abuse happened so long ago the crimes no longer fall within statute.

Donald Asbee, 67, claims he was brutally and repeatedly raped by two priests from the Diocese of Harrisburg decades ago beginning when he was nine. The statute of limitations have long expired for him.

Asbee claims he was groomed then repeatedly sexually assaulted by Raymond Dougherty and Walter Sempko, who are both deceased. The abuse, he said, happened in their office, his church’s choir area and even the confessional.

In addition to the Diocese of Harrisburg, the lawsuit names Bishop Ronald Gainer and former Bishop Kevin Rhoades as defendants. Rhoades was bishop of Harrisburg from 2004 to 2010 and is now bishop of the Diocese of Fort Wayne-South Bend, Ind., which includes the University of Notre Dame.

What makes the Asbee suit different from scores of other lawsuits filed by victims of clergy sex abuse is its focus: not so much the sexual abuse but rather the failure on the part of the diocese to fulfill its obligation to him as an active member o a parish church.

Asbee’s lawsuit is the second such legal action filed in the wake of a court decision that has the potential of sidestepping one of the main hurdles keeping victims from seeking justice - expired statute of limitations. Under state law, victims must pursue criminal cases by age 50 and civil cases by age 30.

The lawsuit charges the diocese and the bishops with conspiracy, fraud and constructive (or legal) fraud. It also seeks punitive damages.

On Tuesday, Asbee traveled to Harrisburg with his attorney, Richard Serbin, who, under the Rotunda of the Capitol, outlined the charges laid out in the lawsuit.

“This is a message the dioceses recognize,” Serbin said in reference to the punitive damages action. “When they have to pay out of their funds. It’s something they care about.”

Asbee’s lawsuit asserts he had a "confidential relationship" with the diocese beyond just being a parishioner, or in his case, an altar boy. Serbin explained that diocesan officials violated their corresponding fiduciary duty to protect Asbee from child predators.

“Don was an altar boy,” Serbin said. “Don assisted in chores of the church. He took private tutoring. There was more than just being a member of a church. He attended altar boy training.”

Bishop Ronald Gainer, along with former Harrisburg Bishop Kevin Rhoades, are named in a lawsuit filed by Don Asbee.
Vicki Vellios Briner | Special to PennLiveVicki Vellios Briner | Special to PennLive

Asbee alleges the abuse happened during the time he was an altar boy at St. Joseph’s Catholic Church in Milton.

“I grew up in a devoutly Catholic family,” Asbee said, recounting his abuse before members of the media. “I was told repeatedly obey father or I would surely go to hell....At the age of nine, I began this journey through hell itself.”

In a written statement released to the media, Gainer said:

“In my own name, and in the name of the Diocesan Church of Harrisburg, I continue to express our profound sorrow and apologize to the survivors of child sex abuse, the Catholic faithful and the general public for the abuses that took place and for those Church officials who failed to protect children.”

Diocesan spokesperson Mike Barley said that since attorneys had not yet reviewed the complaint, it would be inappropriate to comment.

“To be clear, the actions alleged in this complaint took place long before Bishop Gainer’s tenure in Harrisburg,” Barley said. “Bishop Gainer has been open and transparent with regard to priest-child sexual abuse and had no knowledge of the priests mentioned in this lawsuit’s actions until research was conducted during the grand jury process.”

A three-judge Superior Court panel in June ruled that a woman could pursue her lawsuit claiming officials in the Altoona-Johnstown Roman Catholic Diocese worked to conceal her alleged molestation by a priest because she did not have all the facts about the alleged cover-up and conspiracy prior to the 2018 grand jury investigation.

The reinstatement of Renee Rice’s lawsuit could help time-barred victims pursue lawsuits, by allowing, under certain circumstances, for victims to file lawsuits outside the statute of limitations.

Serbin said the approach was not a legal loophole. “I think it’s a correct application of the law,” he said.

This latest legal action comes just weeks prior to the one-year anniversary of the release of the 40th Statewide Grand Jury report, which uncovered the sexual abuse of more than 1,000 children by more than 300 priests over the course of decades. The report spawned a wave of other state investigations and has led to legislative reforms across the country, although not yet in Pennsylvania.